Foilsiú
51227 (26 July 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: 51227
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 alleges that he was the victim of an assault at [ ]. The applicant alleges that while walking down [ ] Street with two friends, they were attacked by a gang of youths. The applicant claims that he was struck with a bottle or a knife and punched in the face. The applicant has not provided any medical evidence to the Tribunal. However, he informs the Tribunal that he attended A&E on the date of the incident. He claims that his face was badly bruised and that he required six. stitches.
3. The Gardai arrived at the scene. The Gardai advised that a female was identified by the applicant as the person who caused his facial injuries. This female was charged with S3 assault, but ultimately was not prosecuted.
4. The applicant was not working at the time of the incident and accordingly he did not sustain any loss of earnings. The applicant claims to have sustained medical and travelling expenses. However, the applicant has failed to vouch and prove that he actually incurred any out-of pocket expenses.
5. The Tribunal wrote to the applicant on the [ ] and asked for details or 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 the Tribunal's correspondence.
6. The applicant has not corresponded with the Tribunal since 23 December [ ], over [ ] and a half years ago.
7. 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 net losses claimed, to enable the Tribunal to conclude the claim.
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 Tribunal finds that the applicant has failed to provide the Tribunal with all reasonable assistance to vouch and prove that he incurred any out-of-pocket expenses. In such circumstances, paragraphs 11 of the Scheme will apply. For these reasons, the Tribunal declines to make an award in this matter.
9. This application is also lodged outside the permitted time-limit of three months in contravention of paragraph 22 of the Scheme. However, in circumstances where the application has been dismissed on grounds of 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
26 July 2022