Foilsiú
50628 (12 August 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: 50628
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No compensation is payable as the injury does not fall within the ambit of the Scheme.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, received on [ ] the applicant (who was born on [ ]) stated that he had been verbally abused by a homeless person on [ ] on [ ]. He describes how after this incident he sat at a bus shelter and experienced heart symptoms. He states that he was able to go home, but he collapsed and was brought to hospital on [ ]. He states that he was diagnosed as having had a heart attack. He did not report the incident to An Garda Síochána. He claims travel expenses in the sum of €40. No vouchers for any expenses were submitted.
3. No medical report was supplied to the Tribunal. A copy of the form completed by his doctor for his application for Disability Allowance was submitted. This confirmed that he had suffered a myocardial infarction. This report states that this condition started on [ ].
4. The Criminal Injuries Compensation Tribunal established under Paragraph 16 of the Scheme may pay compensation in accordance with this Scheme in respect of personal injury where the injury is directly attributable to a crime of violence.
5. On the information available to me, I find that the applicant has not proved on the balance of probabilities that his myocardial infarction was caused by any crime of violence perpetrated upon him.
6. From the information supplied to the Tribunal I am not satisfied that the injury sustained is directly attributable to a crime of violence and that therefore the injury does not fall within the ambit of the scheme.
7. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
12 August 2022