Foilsiú
53939 (3 September 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: 53939
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraph 11 of the Scheme.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant has submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The Applicant appears to have been involved in an incident on [ ] on [ ]. The Applicant has not provided any further information into the nature of the incident, nor has he provided his Garda statement despite stating in his application form that he would do so. The Applicant states that he suffered an ‘injury to left arm/hand. Nerve damage’ but the Tribunal has not been provided with any medical report nor any further particulars of the Applicant’s injury.
3. The Applicant’s claim is for loss of earnings from a part time job (no particulars of loss or any further details provided) and out-of-pocket medical expenses arising from his injury. No receipts in respect of his outlay have been provided to the Tribunal.
4. Paragraph 11 of the Scheme states:
‘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.’ (Emphasis added)
5. In the instant case the Applicant lodged his application with the Tribunal [ ], with his solicitor stating that it was a partially completed application. The Tribunal wrote to the Applicant on [ ] asking whether Garda proceedings had concluded to allow the Tribunal to obtain a Garda report and continue to process the application. The Tribunal did not receive a response to this correspondence.
6. The Tribunal wrote to the Applicant again on [ ] seeking an update in respect of criminal proceedings and informing the Applicant that if not response was received within one month the application would be sent for a decision. No response was received and the application was sent to a Tribunal member for decision.
7. Neither the Applicant nor his solicitor has been in contact with the Tribunal since the application was originally lodged in [ ]. No response has been received to either of the Tribunal’s letters seeking further information from the Applicant. In the circumstances, the Tribunal has formed the view that the Applicant has not provided all reasonable assistance to the Tribunal as required by the Scheme and therefore refuses the Applicant’s application for compensation under paragraph 11.
8. N/A.
9. N/A.
10. N/A.
11. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
3 September 2023