Foilsiú
51800 (28 October 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: #51800
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of paragraph 10 of the scheme.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant’s claim is that he was assaulted on [ ] by four males unknown to him at the car park at [ ], where he was giving driving lessons to [ ]. The Applicant’s claim is that these men were standing next to his car and drinking and that when he asked them to move away, they responded by striking him in the face three times, then got into their car and drove away. As a result of this assault, the Applicant claims, he suffered cuts and bruises to his face and a broken nose.
The Applicant reported the incident to the Gardaí at [ ] Garda Station and on [ ] gave a statement to the Gardaí and photographs of his injuries were taken.
The Applicant’s claim is that he attended [ ], Dr [ ] practising at [ ] and ENT Consultant Mr [ ] at [ ] Clinic for treatment for the injuries he sustained in the attack. According to the Applicant, Mr [ ] told him that the surgery he had undergone for his injuries on his nose was reasonably successful, but that he may require further surgery, and also that he had suffered cartilage damage.
The Applicant has made a claim to the Tribunal for medical and travel expenses he incurred arising from his injuries in the sum of €830.
In a Garda Report, received by the Tribunal on [ ], the Gardaí informed the Tribunal that as no one was found amenable for the incident no proceedings had been instituted. The Tribunal forwarded the Garda Report to the Applicant and requested that he furnish it the necessary documentary evidence to support his claim.
The Tribunal did not hear from the Applicant after that, nor did the Tribunal receive any documentary evidence to support the Applicant’s claim. The Tribunal wrote most recently to the Applicant, on [ ], and enquired as to whether he intended pursing his application and if so, to send on the documentary evidence as previously requested. The Tribunal also noted therein that if it did not hear from the Applicant by [ ] a decision would be made on his file as presented. No response was received from the Applicant.
Paragraph 10 (previously paragraph 11 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 or otherwise.”
In the opinion of the Tribunal the Applicant has not given all reasonable assistance to it by providing the necessary documentation to support his claim.
The Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application, therefore, pursuant to paragraph 10 of the Scheme, no compensation will be paid and no further consideration of this application is required.
No award
Nora Pat Stewart
Date: 28 October 2022