Publication
51845 (29 October 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 51845
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 she was assaulted on the premises of [ ] at [ ] on [ ] by an unknown female. The Applicant claims that she was in the queue waiting to be attended to, when she was attacked by a female who accused her of queue barging. The Applicant claims that her assailant threatened her and that as she, the Applicant, turned away, she was pushed backwards by her assailant and punched in the face, that she tried to fight back, but was dazed. The Applicant further claims that her assailant grabbed her by the hair and dragged her across the ground and kicked her in the chest, at which point a security guard intervened.
The Applicant claims that she suffered injury to her lower lip, a loose front tooth and a darkened upper front tooth as a result of the attack, that she was on medication for anxiety and that she needed dental treatment, including root canal treatment. The Applicant claims that she attended Dr [ ] and Dr [ ] of [ ] Dental, [ ] for treatment for her injuries.
The Applicant reported the assault to the Gardaí at [ ] Garda Station, [ ] on [ ] and made a statement made to Gardaí on [ ].
The Applicant is claiming medical expenses incurred in the sum of €160 and dental costs incurred in the sum of €200. In support of her claim, the Applicant has furnished a receipt from Dr [ ] in the sum of €160 for “a report”.
This Application was received by the Tribunal on [ ], just one week outside of the time period permitted in normal course, for submission of applications pursuant to paragraph 20 (formerly paragraph 21) of the Scheme. The Tribunal acknowledged the Applicant’s application and claim on [ ].
Despite the Tribunal having informed the Applicant in its correspondence to her that any claim for expenses incurred as a result of the injuries sustained had to be supported by documentary evidence, the Tribunal received no further information from the Applicant in respect of her claim.
The Tribunal wrote most recently to the Applicant on [ ] and enquired as to whether she intended to pursue her claim, and if so, to forward the required documentation to support her claim. The Tribunal also noted that if it did not hear from the Applicant by [ ], a decision would be made on her 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 establish her claim.
As the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider her application pursuant to paragraph 10 of the Scheme, no compensation can be paid to the Applicant and no further consideration of this application is required.
No award
*As the Tribunal has made a determination in the instant case pursuant to paragraph 10 of the Scheme, it is of the view that it is not necessary to consider or to make a determination on the issue of the delay by the Applicant in submitting her application.
Nora Pat Stewart
29 October 2022