Foilsiú
51808 (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: #51808
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 the [ ] by a known individual on [ ] after a wedding and that he was badly beaten and kicked repeatedly in the head, as a result of which he sustained facial and head injuries.
The Applicant claims that he attended [ ] Hospital following the assault, and later attended [ ] and his own GP Dr [ ] based in [ ] for treatment for the injuries he sustained in the attack.
The Gardaí from [ ] Garda Station were called to the scene and the Applicant made a statement to Gardaí at a date thereafter and photos of his injuries were taken and handed into Gardaí.
In a Garda Report, dated [ ], received upon request by the Tribunal, the Gardaí reported that from the medical report it had received, the Applicant had suffered a minor head injury with superficial head laceration, bruising to face and minor soft tissue injury to the right side of his chest. The Gardaí also reported that while proceedings had been brought before [ ] District Court, the case had been dismissed on [ ] by the Court.
The Applicant’s claim is for the hospital expenses he incurred as a result of his injuries, as well as the loss of a week’s wages. This application was received by the Tribunal on the [ ].
On [ ] the Tribunal wrote to the Applicant enclosing the Garda Report it had received on the incident and stated that all expenses claimed had to be supported by documentary evidence. The Applicant did not respond.
The Tribunal wrote to the Applicant most recently, on [ ], enclosing a copy of its letter to him of [ ] and enquired as to whether he intended to pursue his claim and if so, to send the necessary vouching documentation to support his claim, and any other material that the Applicant felt would assist his claim. The Tribunal also noted therein that if it did not hear from the Applicant by [ ], a decision would be made on his application file as presented. The Tribunal received no further communication 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 support his claim.
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 will 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 the delay in the submission of this application.
Nora Pat Stewart
Date: 28 October 2022