Foilsiú
51767 (10 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: #51767
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 on the night of [ ] he was out with friends at [ ] when they were approached by a lone male, who was known to him and carrying a knife, who proceeded to stab all [ ] persons present, including the Applicant.
The Applicant was stabbed in the left chest and upper abdominal area, and as his diaphragm was damaged, he had to undergo surgery and was hospitalised for five days at [ ]. The Applicant’s claim is that he suffered pain and scarring as a result of the attack, and also that as a student he had a job as a part time sales assistant, but was off work from the date of the incident through to the end of [ ].
Following receipt and acknowledgement of this application, the Tribunal sought and received a Garda Report, dated [ ], in respect of the incident wherein the Gardaí confirmed that the offender was charged with assault causing harm, pursuant to section 3 of the Non-Fatal Offences Against the Person Act, 1997.
As the Tribunal did not receive any further communication from the Applicant, it wrote most recently to him, on [ ], enclosing its previous communication and enquiring as to whether the Applicant intended pursuing his claim and if so, to forward the required documentation, including vouching documentation in respect of any expenses he was claiming as a result of the injuries sustained in the attack. The Tribunal noted that if it did not hear from the Applicant by [ ], it would forward the file for a decision to be made.
The Tribunal received no response from the Applicant.
Paragraph 10 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.”
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.
The Tribunal acknowledges the nasty, unprovoked attack upon the Applicant and the injuries he sustained as a result of this assault, however, the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application, therefore, pursuant to paragraph 10 of the Scheme, no compensation can be paid and no further consideration of this application is required.
No award
*By reason of the foregoing, the Tribunal is of the view that it is not necessary to consider or to make a determination on the issue of delay in submission of this application.
The Tribunal wishes the Applicant well into the future.
Nora Pat Stewart
Dated: 10 October 2022