Foilsiú
51139 (6 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: 51139
Date of incident: [ ]
Date received: [ ]
Decision: No award.
1. The applicant was the victim of an unprovoked attack by three youths on [ ]. He was knocked unconscious and while he lay on the ground he was kicked and punched by his attackers. He sustained injuries to his face which required surgery.
2. The matter was reported to the gardaí and a file was sent to the DPP in respect of three juvenile offenders. The garda, in his report, was of the view that a prosecution would proceed.
3. The applicant submitted receipts for his admission to the Accident and Emergency Department in the sum of €66 and a receipt for prescriptions in the sum of €39.10. The applicant stated that his other medical treatment was covered by private health insurance. The applicant stated that he incurred the cost of two student return tickets to [ ] for medical treatment.
4. The tribunal wrote to the applicant on [ ] acknowledging receipt of the application and advising that the garda report would be forwarded when it was to hand.
5. On [ ] the tribunal wrote to the applicant asking if he wished to pursue his application, a copy of the garda report was enclosed and the applicant was asked to send in any further documentation in relation to his claim. The applicant was informed that if the tribunal did not get a response by [ ] the file would be sent for a decision. The tribunal received no response to this letter.
6. The tribunal has had no contact from the applicant since the application was submitted.
7. Paragraph 11 of the Scheme provides 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.”
8. Unfortunately the applicant has not engaged with the tribunal in relation to his claim. It is for the applicant to establish his case and provide reasonable assistance to the tribunal in respect of his application. I am of the opinion that all reasonable assistance has not been provided and therefore I make no award.
Signed: Elizabeth Davey
Date: 6 October 2022