Foilsiú
52717 (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: 52717
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 saw his [ ] [ ] in [ ]. He intervened to [ ] but was kicked and punched in the head and stomach. He also sustained injuries to his hands and back.
3. The applicant received treatment from his GP and in the A&E department 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 charged or prosecuted.
5. The applicant claims that he sustained a loss of earnings and other travelling and medical expenses. However, the applicant has failed to provide the Tribunal with proper vouchers and prove that he incurred the actual out-of-pocket expenses as alleged.
6. The Tribunal wrote to the applicant’s solicitor on the [ ] and requested details of any out-of-pocket expenses. The Tribunal again wrote to the applicant’s solicitor on the [ ] and invited the applicant to provide vouching documentation in respect of his claim. On the [ ], the Tribunal wrote again to the applicant’s solicitor 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 [ ] and a half years ago.
8. 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” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with vouchers and documentary proof of any losses claimed, to enable the Tribunal to progress and conclude the claim.
9. 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 sufficiently vouch and prove that he incurred any out-of-pocket expenses. Regrettably, The Tribunal has no option but to find that the applicant has failed to provide all reasonable assistance with a view towards progressing and finalising his claim. In such circumstances, paragraphs 11 of the Scheme will apply. For these reasons, the Tribunal declines to make an award in this matter.
10. In circumstances where the application has not proven his losses and contravened paragraph 11, 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