Foilsiú
52040 (13 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: 52040
Date of incident: [ ]
Date received: [ ]
Decision: No award.
1. On [ ] the applicant was assaulted while walking through [ ].
2. The matter was reported to the gardaí and was covered by garda CCTV footage. A file was prepared for the DPP.
3. The applicant sustained injuries and a medical report by Mr. [ ], Consultant in Emergency Medicine was submitted to the tribunal by the applicant’s solicitor.
4. No out of pocket expenses or loss of earnings claim was submitted by the applicant.
5. The applicant engaged a solicitor. The tribunal and the applicant’s solicitor exchanged correspondence on various dates.
6. On [ ] the tribunal wrote to the applicant’s solicitor enquiring if there was a loss of earnings claim and requesting details of the applicant’s medical expenses.
7. On [ ] the applicant’s solicitor wrote to the tribunal acknowledging receipt of the letter dated [ ] and advising that they hoped to be in a position to revert to the tribunal in early course.
8. On [ ] the applicant’s solicitor wrote to the tribunal indicating that they were having trouble making contact with the applicant.
9. There was no further communication from the applicant or his solicitor.
10. On [ ] the tribunal wrote to the applicant’s solicitor and asked if the applicant wished to pursue the matter. The tribunal received no response.
11. Paragraph 11 of the Scheme provides “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.”
12. I am of the opinion that all reasonable assistance has not been provided to the tribunal in this matter. It is for the applicant to establish his claim and that has not been done. No out of pocket expenses or loss of earnings have been submitted. I make no award.
Signed: Elizabeth Davey
Date: 13 October 2022