52552 (23 May 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: #52552
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award.
[ ] (“the Applicant”) submitted a claim, through his legal advisors [ ] to the Criminal Injuries Compensation Tribunal under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”) arising out of an incident he claims occurred on the night of the [ ] and as a result of which he sustained personal injuries.
The Applicant claims that on the night in question he was [ ] when he was violently assaulted by three unknown individuals outside the [ ] on [ ]. The Applicant claims that he suffered a broken bone to his right hand, injury to his right wrist, injury to his head and bruising to his body as a result of the assault and that he attended the A & E Department of [ ] Hospital, [ ]. The Applicant also references his attendance at both his own GP, [ ] in [ ] and [ ] Hospital, though no further details have been provided in this regard.
The Applicant claims that he reported the incident to Garda [ ] at [ ] Garda Station, [ ] on the night of the incident.
Upon receipt of this application, the Tribunal wrote to the Applicant on the [ ] requesting further information in order to process his claim. No reply was ever received. The Tribunal wrote most recently, on the [ ], enquiring as to whether the Applicant intended pursuing his claim and informed the Applicant therein, that if the Tribunal did not hear from him within a month, his application would be sent forward for decision making. On the [ ] responded to the Tribunal’s correspondence stating that despite their efforts they had not been able to obtain instructions from the Applicant in a long number of years.
Paragraph 10 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, and otherwise.”
Paragraph 25 of the Scheme states that it is for an applicant to establish their claim.
In the instant case the Applicant has not given all reasonable assistance to the Tribunal by providing the necessary documentation to support his claim as requested, nor has he established his claim. Accordingly, no award is made.
No award.
Nora Pat Stewart
23 May 2022