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OLLENNU J.: (His lordship stated the history of the case, and proceeded:—)
The defendants argue that the order in a criminal court for payment of compensation out of the fine imposed, taken with plaintiff’s refusal to accept it, is in law a bar to the plaintiff’s claim for damages. This argument is misconceived.
The Criminal Procedure Code, Sec. 143 (1) (b), empowers a criminal court, upon conviction of a person charged with an offence, to order the whole or part of any fine recovered to be applied:—
“in the payment to any person of compensation for any loss or injury caused by the offence when substantial compensation is in the opinion of the Court recoverable by civil suit.”
And sub-section 3 provides as follows:—
“At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section.” These provisions are quite different from the provisions for compensation provided in…