Foilsiú
51844 (28 October 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: #51844
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 sustained injuries in an unprovoked attack on [ ] by an unknown person at [ ], as he left the cinema with friends. The Applicant, who was a school student at the time of the incident, claims that he was punched on the nose and suffered a broken nose and chipped teeth in the attack, and that he received treatment at [ ] Hospital, [ ] Hospital and [ ] Clinic for the injuries he sustained. The Applicant claims that ENT Consultant, Mr [ ] whom he attended for his broken nose, recorded that the Applicant had suffered a deviated septum which left him with both breathing and sleeping difficulties. This application was submitted to the Tribunal on behalf of the Applicant by his father, [ ]. The Applicant claimed that the attack had left him badly hurt and shocked.
The assault was reported to the Gardaí following the attack. In a Garda Report furnished to the Tribunal the Gardaí noted that the Applicant and his two friends had approached Gardaí who happened to be in their patrol vehicle close to the location of the incident at the time. Having informed the Gardaí of the incident, the Gardaí invited the three youths to get into the patrol car and they proceeded to drive around the vicinity, when they came upon the Applicant’s assailant. The Garda reported that they arrested the assailant and that he admitted to punching the Applicant in the face. A file was sent to the National Juvenile Liaison Office for directions.
On [ ] the Tribunal wrote to the Applicant enclosing a copy of the Garda Report and noted that documentary evidence was required to support his claim for the expenses incurred arising from the personal injuries he suffered as a result of the assault. No response was received from either the Applicant or his parents.
On [ ], the Tribunal wrote again to the Applicant and enclosed a copy of its letter of [ ] and enquired as to whether the Applicant intended pursing his claim and if so, to submit the required documentary evidence to support his claim. The Tribunal also noted therein that if it did not hear from the Applicant by [ ] a decision would be made on his 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 establish his claim.
The Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application pursuant to paragraph 10 of the Scheme. Accordingly, no compensation will be paid and no further consideration of this application is required.
No award
Nora Pat Stewart
28 October 2022