Publication
51826 (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: #51826
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 by a person known to her on [ ] at a private resident at [ ]. The Applicant reported the matter to the Gardaí at [ ] Garda Station the following day, [ ].
The Applicant’s claim is that she suffered a damaged drum membrane as a result of the assault and attended the [ ] Hospital, [ ], where she remained an inpatient from [ ] to [ ]. The Applicant, who lives in [ ], claims that she also attended her own doctor, Dr [ ] in [ ] after that.
The Applicant’s claim is for medical and travel expenses incurred as a result of this assault. To that end the Applicant furnished a copy of a receipt for €100 paid to the Casualty Department at [ ] Hospital, as well as a prescription receipt for Solpadine and Augmentin in the sum of €15.92, both of which were dated [ ], in support of her claim.
In a Garda Report, received by the Tribunal dated [ ], the Gardaí confirmed that the incident had been reported by the Applicant, that she claimed that she had been struck with an open hand causing her cheekbone to swell and her left eye to discolour and that she had a blocked sensation in her left ear following the strike. Following DDP directions, the Applicant’s assailant received an adult caution arising from this incident, reported the Gardaí.
On [ ] the Tribunal wrote to the Applicant and enclosed a copy of the Gardaí Report it had received as requested. In cover correspondence the Tribunal noted that it had received just two receipts as set out above from the Applicant, and it enquired as to whether the Applicant had any further expenses and/or loss of earnings. The Tribunal received no response.
The Tribunal wrote most recently to the Applicant, on [ ] and enclosed its previous correspondence to her and requested that the Applicant forward all original receipts and vouching for out-of-pocket expenses she wished to claim. The Tribunal further noted that if it did not hear from the Applicant by [ ] a decision would be made on her claim and file as presented. The Tribunal received no response.
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 pursuant to paragraph 10 of the Scheme, it is not necessary to consider or to make a determination on the delay in submission of this application.
Nora Pat Stewart
29 October 2022