Foilsiú
24146 (7 August 2023)
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: 24146
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Applicant refused under Paragraph 11 of the Scheme.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant has submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The Applicant had been on a night out in [ ] and had, on his own account, consumed numerous alcoholic drinks. Following a row in a pub during which other people appear to have suffered injury the Applicant went home to his house where he lived with his parents. Upon arrival he realised that he did not have a key to get into the house so he decided to sleep in his car which was parked in the driveway. At some point thereafter, an unidentified person approached the car in which the Applicant was asleep and smashed the windows of the car with what the Applicant believes was a plank of wood or a wheel brace. The Applicant was hit with this implement and, separately, glass from the windows went into his eye, causing him injury. The Applicant states that he attended the [ ] Hospital in [ ] and underwent an operation on his eye and the Applicant states that his vision has been permanently affected by his injury however no medical report has been furnished to the Tribunal.
3. The Applicant reported the incident to Gardaí however no prosecution ensued due to lack of evidence. The Applicant did not receive any compensation for his injuries.
4. The Applicant was [ ] at the time of the incident. His claim is for loss of earnings and unspecified out of pocket expenses. No particulars of loss of earnings or out of pocket expenses have been furnished to the Tribunal. The Applicant received the sum of €1,314.40 in disability benefit payments between [ ] and [ ] as a result of this incident. This payment would have to be taken into account in calculating the Applicant’s claim if successful but this cannot be done in the absence of particulars of loss from the Applicant.
5. By letter dated [ ] the Tribunal wrote to the Applicant’s solicitor asking if the Applicant wished to pursue his application and giving the Applicant one month to respond. No response was received to this letter and the application was sent to a Tribunal member for decision.
6. Paragraph 11 of the Scheme states:
‘No compensation will be payable 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, and otherwise.’ (Emphasis added)
7. There is an onus on an applicant who makes a claim under the Scheme to assist the Tribunal in accordance with Paragraph 11 of the Scheme. In the instant case the Applicant has submitted a claim for loss of earnings. By letters dated [ ] and [ ] the Tribunal wrote to the Applicant’s solicitor seeking particulars of the Applicant’s claim, together with original receipts to couch any out-of-pocket expenses incurred by the Applicant. No particulars were furnished. The Tribunal received no further communication from the Applicant or his solicitor thereafter.
8. In the circumstances the Tribunal is left with no alternative but to find that the Applicant has not complied with Paragraph 11 of the Scheme and refuse to admit the Applicant’s application for consideration under the Scheme pursuant to Paragraph 11.
9. N/A.
10. N/A.
11. N/A.
12. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
7 August 2023