Publication
51324 (12 August 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
The Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of a Single Member
Name of applicant: [ ]
Application number: 51324
Date of incident: [ ]
Date of application: [ ]
1. Mr [ ] has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, received on the [ ] the Applicant stated that he had suffered injuries following an unprovoked assault by youths on the old [ ]. He stated that he suffered a fractured molor bone, mandible and nose as a result of the accident. He was an in-patient in [ ] Hospital from the [ ] to the [ ].
3. There is a report on file from Sergeant [ ], dated the [ ]. It states that [ ] was the injured party in an incident on the [ ], when he was set upon by two males. His injuries consisted of a fractured eye socket, broken nose and a fracture to his upper and lower jaw. He was transferred to [ ] hospital for facial surgery. There had been no prosecution and no compensation was paid.
4. The applicant is claiming compensation, for out -of -pocket expenses, all of which have been vouched.
5. Paragraph 21 states that ‘Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury’.
6. The Applicant, in this, case did bring his application within the requisite time period.
7. It is accepted, on the balance of probabilities, that the Applicant in this case was the victim of a crime of violence, albeit no one has been prosecuted. The Applicant gave evidence, which was supported by a Garda report, to the effect that he was the victim of an unprovoked attack. This attack led to a hospitalisation and the Applicant required facial surgery.
8. The Applicant submitted out of pocket expenses totalling €796.05.
9. The Tribunal having considered all matters makes the award of €796.05. The sum is made up of the following:
Receipt from [ ], Dentist €240
3 receipts from [ ], GP €150
Cost of photos of injuries €39.98
Car rental and diesel €112.88
Prescription drugs €188.24
Parking expenses €15.95
Travel expenses €49
Total Claim €796.05
Total €796.05
Majella Twomey
Criminal Injuries Compensation Tribunal
12 August 2022