Foilsiú
51185 (6 September 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: 51185
Date of incident: [ ]
Date of application: [ ]
Decision/outcome: The applicant did not substantiate his claim; no compensation awarded on application of para 10 of the Scheme.
1. Mr [ ] (‘the applicant’) 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, dated [ ], the applicant stated that he had suffered injuries on [ ] at [ ] when he attended [ ] to recover a debt. His was assaulted by the person from whom he sought to recover the and according to his application, and corroborated by the Garda Report and medical report, he suffered significant head injuries as a result.
3. The application was made within the three-month timeframe and it was reported to the Gardai on the same day as the assault.
4. From the foregoing, I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. He has further met the procedural requirements of the Scheme allowing his claim to be examined. Accordingly, I admit the application for consideration under the Scheme.
5. The medical report of Mr [ ] dated [ ] indicates that the applicant sustained a head injury and other lacerations and bruising as a result of being repeatedly hit on the head and body by his assailant [ ]. On admission to hospital on [ ] it was reported that he did not lose consciousness but sustained bruising, cuts and a skull fracture. He was maintained in hospital as an inpatient for observation [ ] and was followed up as an outpatient until at least [ ] for investigations for reported headaches and vertigo.
6. On [ ] the Tribunal Secretariat wrote to the applicant’s solicitor enclosing the garda report, and also seeking information in respect of the injury, the prognosis, and if any loss of earnings were claimed that they be duly evidenced.
7. It appears that no reply was received to this letter. On [ ] the Tribunal Secretariat re-sent it under cover of a letter which enquired whether the applicant wished to pursue his claim. If he wished to do so, it sought vouching documentation for the out-of-pocket expenses claimed. There is no reply to this letter on file.
8. The Tribunal can only award compensation for expenses arising from injuries sustained by a crime of violence: para 6(e) of the Scheme. On the face of the application form it is asserted that details of medical expenses and travel required for treatment would follow. No such details have been supplied. Similarly, no detail of loss of earnings has been supplied.
9. Paragraph 10 (formerly para 11) of the Scheme reads:
“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.”
Thus Under Para 10 of the Scheme the applicant must give the Tribunal all reasonable assistance if he is to be eligible for compensation under the Scheme. The rationale of this rule appears to be that the Tribunal needs information upon which it can make its decision as to the appropriate amount of compensation to award. That information must come either directly or indirectly from the applicant. If the applicant does not substantiate his claim the Tribunal has no basis upon which to make an award of compensation.
10. In this case while it is clear that the applicant suffered injuries which were criminally inflicted on him he did not substantiate his claim. Put otherwise, he did not give the Tribunal reasonable assistance for it to discharge its decision-making function. As such no compensation can be awarded to the applicant pursuant to paragraph 10 of the Scheme.
Tricia Sheehy Skeffington
Member, Criminal Injuries Compensation Tribunal
6 September 2022