Foilsiú
51802 (29 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: 51802
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 assaulted at a night club in [ ] on [ ] by an unknown individual and that he suffered injuries including facial injuries, a fracture to his jaw, loss of teeth, loss of consciousness and injury to the back of his head as a result of this attack. The Applicant claims to have no recollection of the assault itself and that his first recollection was of waking up in [ ] Hospital afterwards.
The Gardaí from [ ] Garda Station were called to the scene and the Applicant later made a statement to Gardaí.
In addition to the treatment the Applicant received as an in-patient at [ ] Hospital, he also claims that he received treatment for his injuries at the [ ] Hospital, [ ] and from his GP, Dr [ ], based in [ ] in the aftermath of the assault. At time of submitting his application, the Applicant claimed that his treatment was on-going, that having lost one front tooth he expected to lose three or four more teeth and would require implants/further dental treatment. The Applicant further claimed that he was still off work and that the expenses he intended claiming would be furnished in due course to the Tribunal.
This application received by Tribunal on [ ]. The Tribunal wrote the Applicant upon receipt of his application and stated therein that his claim for expenses had to be supported by documentary evidence and to furnish the Tribunal with same. On [ ] and again on [ ], legal advisors for the Applicant wrote enquiring as to whether there was any update on his application. In response the Tribunal, set out in its correspondence the documentary evidence it required in order to consider the Applicant’s claim. No documentary evidence of outlays or out of pocket expenses incurred as claimed by the Applicant, arising from the personal injuries he sustained, were furnished to the Tribunal.
Most recently, on [ ], the Tribunal wrote to the Applicant’s legal advisors and referenced its earlier correspondence of [ ], and enquired as to whether the Applicant intended to pursue his claim and if so, to forward the required documentary evidence to substantiate the Applicant’s claim. The Tribunal noted therein that if it did not hear from the Applicant and/or his legal advisors by [ ], a decision would be made on his application as it presented. No response was received by the Tribunal.
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 his claim.
As 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, no compensation can be paid to the Applicant and no further consideration of this application is required.
No award
Nora Pat Stewart
29 October 2022