51641 (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: #51641
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 out celebrating a [ ] birthday with a group of friends at [ ] on the [ ], when one of his friends was attacked by a known individual who came upon their celebrations and the Applicant was caused to intervene to stop the attack. The Applicant’s claim is that he was punched several times during the altercation and as a result his cheekbone was broken four places.
Following the assault the Applicant attended his GP, Dr [ ] and she advised him to attend at [ ] Hospital, where upon examination and x rays, he was referred onto [ ] Hospital and underwent an operation as an inpatient from [ ]. The Applicant attended for outpatient treatment after that, until [ ].
The Gardaí from [ ] Station were called to the scene and the Applicant made statements to the Gardaí in relation to the incident and assault, on [ ] and [ ]. In the Garda Report received by the Tribunal on [ ], Garda [ ] of [ ] Garda Station confirmed that no proceedings had been instituted in respect of the incident at that point.
This application was received by the Tribunal on [ ]. The Applicant is claiming out-of-pocket expenses for medical and travel costs as well as loss of earnings.
On [ ] the Applicant’s legal advisors, [ ] Solicitors wrote to the Tribunal seeking an update the Applicant’s application. On [ ] the Tribunal responded, setting out therein the documentary evidence it required in order to consider the Applicant’s claim and noted that all expenses claimed had to be supported by documentary evidence. The Applicant’s legal advisors wrote to the Tribunal on the [ ] and again on the [ ] seeking an update on the progress the Applicant’s application.
On [ ] the Tribunal responded to the Applicant’s legal advisors and enclosed, for ease of reference, a copy of the letter it had issued to their office on [ ] setting out the material the Tribunal required as documentary evidence in order to consider the Applicant’s claim.
The Tribunal did not hear from the Applicant’s legal advisors after that. None of the documentation requested by the Tribunal was furnished to it by the Applicant and/or his legal advisors. The Tribunal wrote most recently on [ ] to the Applicant’s advisors and enquired as to whether the Applicant intended to pursue his application and if so, to submit the required documentation by the [ ] failing which, a decision would be made on the Applicant’s file as presented. No response was received.
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
Nora Pat Stewart
Date: 28 October 2022