Foilsiú
24011 (9 March 2023)
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: #24011
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award as failure to give assistance under paragraph 10 (previously paragraph 11).
1. [ ] (‘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, signed and dated [ ], the Applicant says that he suffered personal injuries when she was assaulted by a named individual. He stated that he was headbutted when he intervened in an argument between two other individuals. The next day the assailant apologized, asked him not to go to the Gardai and said that he would pay for the fracture of the Applicant’s tooth, which was to be taken out from the root. The assailant never contacted him, and never paid for the cost of tooth repair.
3. The Garda report of [ ] from Inspector [ ] indicated that the assailant was convicted and it was expected that full compensation would be paid.
4. The application was acknowledged by letter to his solicitors dated [ ]. A further letter was sent on [ ]. No reply was received to that letter. Another letter was sent to the solicitors for the Applicant dated [ ] seeking further information. No response was received to that letter.
5. The Scheme provides at paragraph 10 (previously para. 11) as follows:
“10. 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.”
6. From the foregoing lack of reply to the letters from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
7. The Applicant has failed to give all reasonable assistance to the Tribunal. I therefore make no award under paragraph 10 (previously para. 11) of the Scheme.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
9 March 2023