52083 (9 January 2023)

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: #52083

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No award, by reason of paragraph 10 of the scheme.

[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).

The Applicant’s claim is that he was enjoying a drink at the [ ] Hotel, [ ] in the early hours of [ ] when he was attacked by a person, since identified, who, without warning, proceeded to punch him in the mouth, causing him considerable injuries to his face and mouth. The Applicant’s claim is that as a result of this assault he was concussed, suffered three cracked teeth, required a bone graft and sustained cuts to his neck and lips, as well as bruising. The Applicant attended his GP, Dr [ ], practising in [ ] as well as Dental Surgeon, [ ] who is based in [ ], for treatment for his injuries. In aid of his application the Applicant has submitted photographs of the injuries he sustained in the attack.

The assault was reported to the Gardaí following the incident and the next day, [ ], the Applicant made a statement to the Gardaí at [ ] Garda Station. In a Garda Report received by the Tribunal, it confirms that the Applicant’s assailant was charged in relation to the incident and the matter was before the courts.

This application was submitted on the Applicant’s behalf by his legal advisors to the Tribunal and received on [ ]. Therein the Applicant has made a claim for out-of-pocket expenses, including dental treatment, vouched in the sum of €250 and for travel expenses, which are unvouched. The Applicant, who was working as [ ] at the time of the assault, is also making a claim for loss of earnings. The Applicant confirmed on his application form that he also intended to pursue a claim through the Injuries Board.

Upon receipt of this application, the Tribunal wrote to the Applicant and requested the standard documentation it required from the Applicant in order to assess his application.

The Tribunal did not hear from either the Applicant after that. None of the documentation requested by the Tribunal was submitted by or on behalf of the Applicant. The Tribunal wrote most recently on [ ] to the Applicant’s legal advisors and enquired as to whether the Applicant intended to pursue his application and if so, to submit the required documentation by [ ], failing which, the file would be sent to a Tribunal member for a decision on the Applicant’s file as presented. The Tribunal received no response.

Paragraph 10 (previously paragraph 11) of the Scheme states that:

“No compensation will be paid to an applicant who has not, in the opinion of the Tribunal given the Tribunal all reasonable assistance in relation to any medical report that it may require or otherwise.”

In the opinion of the Tribunal, the Applicant has not given all reasonable assistance to it by providing the necessary documentation to consider his application, therefore, pursuant to paragraph 10 of the Scheme, no compensation will be paid to the Applicant and no further consideration of this application is required.

No award

Nora Pat Stewart

9 January 2023