Foilsiú
53924 (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: 53924
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant appears to have sustained a fracture of the zygomatic bone in the [ ] in [ ]. The applicant has not stated exactly (in his application form) what precisely occurred, but he maintained that he was assaulted.
3. The applicant has not provided the Tribunal with any medical report, but hospital notes reveal that he required an open reduction and internal fixation of the fracture in [ ] Hospital.
4. The incident was reported to the Gardai in [ ] Garda Station. Unfortunately, the Tribunal has not been provided with any Garda Report in this matter.
5. The applicant sustained three weeks loss of earnings in the gross sum of €701.16 and medical expenses in the sum of €332.42.
6. Paragraph 11 of the (pre-April 2021) Scheme states that: “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”. No contact has been received by the Tribunal for or on behalf of the applicant for almost [ ] years. The Tribunal wrote to the applicant on the [ ] enquiring whether any Garda Proceedings have concluded. The applicant was advised that the file would be sent to a member for consideration by a member of the Tribunal if no response was forthcoming. No response was received by the Tribunal to this correspondence.
7. Unfortunately, the applicant has failed to assist the Tribunal to confirm the position regarding any criminal proceedings with a view towards finalising his claim. Regrettably, in such circumstances, paragraphs 11 of the Scheme will apply. For these reasons, the Tribunal must dismiss this application.
8. However, if the applicant had continued to provide the Tribunal with the necessary assistance and confirmed the precise circumstances of the incident and the position regarding any criminal proceedings, the Tribunal could have arrived at a very different decision in this matter and made an award for the vouched out of pocket expenses put forward by the applicant.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
3 September 2023