Foilsiú
50753 (13 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: 50753
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 claims that he was the victim of a vicious assault by [ ] (“offender”) on the instructions of [ ], outside his home in [ ], [ ]. The applicant who was in his [ ] at the time, due to sustaining serious injuries in another incident, was unable to defend himself from the offender.
3. He advised the Tribunal that he sustained injuries to his jaw, teeth, right ear. He also suffered internal bleeding. The applicant received treatment in [ ] in [ ]. No medical report has ever been provided by the applicant to the Tribunal.
4. The applicant advises that the incident was reported to [ ] Garda Station. The Tribunal has not been advised if the offender was ever formally prosecuted.
5. The applicant has failed to vouch and prove that he actually incurred any out-of-pocket expenses.
6. The Tribunal wrote to the applicant on the [ ] and asked for details of any out-of-pocket expenses. The Tribunal again wrote to the applicant on the [ ] and advised that the file would be forwarded to a Member of the Tribunal for a decision if no response was received by the applicant by [ ]. No response was received from the applicant to any of the Tribunal’s correspondence.
7. The applicant has not corresponded with the Tribunal since the date that he initially lodged this applicant, over [ ] years ago.
8. Unfortunately, it is not within the remit of the Tribunal to award compensation for pain and suffering. The Tribunal can only make awards in respect of vouched out-of-pocket expenses. The applicant has failed to vouch and prove that he incurred any out-of-pocket expenses. Regrettably, in such circumstances, it is not possible to make any award to the applicant.
9. In circumstances where the application has not proven his claim, it is not necessary for the Tribunal to make any further determinations on the other provisions of the Scheme that might apply to this matter.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
13 May 2022