Foilsiú
52255 (16 November 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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: #52255
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 she was assaulted on [ ] by a person known to her in [ ] and that she reported the assault to the Gardaí at [ ] Garda Station on the day of the attack.
The Applicant’s claim is that she was attacked in the face and that her teeth were broken by her assailant, and that as a result she had also lost her gold chain and earring.
The Applicant claims that she was admitted to [ ] Hospital, [ ] for four days as a result of the attack and that she also attended [ ] at [ ] Hospital, and Dr [ ] of [ ] Medical Centre for treatment for her injuries. At the time she submitted her application to the Tribunal, the Applicant claimed that she remained in constant pain.
In a Garda Report dated [ ], received by the Tribunal in respect of this application, the Gardaí confirmed that the Applicant reported that she had been assaulted by a person with whom she had been in a relationship with but had separated from at the time of the assault. The Applicant reported that she had been struck in the right eye and her stomach by her former partner and was then pushed down the stairs, at which point her assailant kicked her in the stomach a number of times. The Gardaí reported that when the Applicant attended at the Garda Station, they observed that she had a cut to her right eye, which was swollen.
In a later report from the Gardaí received by the Tribunal, on [ ] the Gardaí confirmed that proceedings had commenced in relation to the reported assault but that as yet no court date had been assigned.
In a medical report, dated [ ], received by the Tribunal it confirms that the Applicant presented at [ ] Hospital, [ ] on the day of the incident complained of with an injury to the left side of her face. The Applicant was admitted for neurological observation where examination of the Applicant on [ ] by way of CT brain scan revealed that the Applicant had not suffered from any acute intercranial haemorrhage.
On [ ] the Tribunal wrote to the Applicant seeking information and any vouching documentation she wished to submit to substantiate her claim including evidence of any loss of earnings and/or a Dept of Social Protection statement as well as original receipts for out-of-pocket expenses the Applicant wished to claimed. The Tribunal confirmed therein that the claim had to be supported by documentary evidence and further, that the Scheme did not allow for payment of compensation for pain and suffering for incidents that occurred after the 1st April 1986, nor were loss and/or or damage to property covered under the Scheme.
The Tribunal did not hear from the Applicant after that, nor did the Tribunal receive any documentary evidence to support the Applicant’s claim. The Tribunal wrote most recently to the Applicant, on [ ], and enquired as to whether she intended pursing her application and if so, to send the documentary evidence, as previously requested. The Tribunal also noted therein that if it did not hear from the Applicant by [ ] a decision would be made on her file as presented. No response was received from the Applicant.
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 support her claim.
As the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider her application, no compensation will be paid and no further consideration of this application is required.
No award
Nora Pat Stewart
16 November 2022