Foilsiú
51811 (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: 51811
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 in [ ] by a known individual on the [ ] and as a result suffered injuries, including gross swelling to the right side of his face, a blood clot, and nerve damage to the right side of his mouth. The Applicant claims that he attended [ ] Hospital, [ ], Consultant Maxillofacial Surgeon, [ ] in [ ] Hospital, [ ] and GP Dr [ ] for treatment for the injuries he sustained in the attack.
At the time of submitting his application the Applicant claimed that his face was still painful every morning and that this pain was followed by stiffness. The Applicant further claimed that as a result of the assault he was frightened to return home to visit his family.
The assault was reported to the Gardaí at [ ] Garda Station on the day of the incident. The Tribunal, having sought a Garda Report on this incident received a number of communications from the Gardaí including on [ ], wherein the Gardaí noted that there were still a number of matters outstanding that they needed to be addressed, before they could furnish a Report on the incident.
The Applicant submitted his application, claiming medical expenses incurred as a result of the injuries he sustained, to the Tribunal on [ ]. Thereinafter, on [ ], the Applicant notified the Tribunal of his change of address.
The Tribunal wrote to the Applicant at his change of address and set out the necessary documentation it required in order to consider his application. No response was forthcoming. The Tribunal wrote most recently to the Applicant, on [ ], enclosing a copy of its earlier correspondence and enquired as to whether he was pursuing his application and if so, to forward all relevant documentary evidence to support his claim. The Tribunal noted therein that if it did not hear from the Applicant by [ ], a decision would be made on the Applicant’s file as presented. No response was received 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.
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