The appellate court has the authority to evaluate evidence and determine compensation without remanding unless necessary, emphasizing the evidentiary value of minimum wage notifications and the validity of disability certificates.

ORAL ORDER

Learned 8th Additional District Judge, Kutch-Bhuj passed the following final order in RCA No.55 of 2021 on 09/10/2023:

“1. The appeal filed by appellants/original defendants is partly allowed.

2. The order passed by the learned 3rd Additional Senior Civil Judge, Bhuj-Kutch on Dtd.3/11/2020 in Spl.C.s. No. 164/2010 is partly confirmed but reversed on the issue of quantum of compensation.

3. It is hereby ordered to send original record and proceedings of Spl.C.S. No./164/2010 to learned trial court for the fresh consideration of the quantum of the compensation.

4. Learned trial court will deal the issue of awarding of compensation considering the facts keeping into knowledge that original plaintiff has stated his income as of Rs.4,000/- with evidence. This court has narrated the rate of minimum wages prevailed at the time. The learned trail court will give the opportunity to both the party to file the evidence of prevailing rate of minimum wages at the time of incidence. The learned trial court will also keep in mind that the disability certificate given by the Dr. Kotak was not having the powers to issue it as per the government guidelines. Thus, learned trial court will hear both the parties on the issue of disability and decide it a fresh under the consideration of arguments and Direction given in Disability Manual.

5. All other issues decided by the learned trail court under the judgment is confirmed.

6. No party will entitled to take other evidence except to file the evidence of rate of minimum wages prevailed at the time of incidence and the determination of disability will be done through the evaluation of evidence filed in the suit under the light of argument and under the guidelines given in Disability Manual.

7. The learned trial court will decided both the points within three months from the date of this order.

8. Decree/ Memo of costs to be drawn accordingly.

9. Registry of this court is hereby directed to send the certified copy of this order with original Record and Proceedings back to trial court.”

2. Being aggrieved by the aforesaid final order, more particularly, order for remanding SCS No.164 of 2010 to be decided afresh, the appellant – org. plaintiff in the suit preferred this Appeal from Order under O.43 R.1(u) of the Code of Civil Procedure (for short “Code”).

3. Heard learned Advocate Mr.Hemal Shah for the appellant and learned Advocate Mr.Premal Joshi, for the respondent.

4. What could be noticed on perusal of the operative order that the appellate court remanded the aforesaid suit for fresh hearing on the ground that no evidence has been led qua prevailing rate of minimum wages and Dr.Kotak had no power to issue the disability certificate as per the guidelines, has not been considered the trial Court. The operative paragraph at Sr. No.6 limits the parties’ right to lead the evidence. In other words, appellate court outlined the scope of leading the evidence while remanding the matter. It is needless to state that the scope of first appeal under Section 96 of the Code is writ large of the suit. The appellate Court under Section 96 read with O.41 of the Code has to deal with all legal and factual aspects while deciding the first appeal. O.41 R.31 demands that appellate Court has to frame the point of determination, the decision thereof and also the reason for the decision. It indicates that power of the appellate court under O.41 R.31 is as good as the power of the trial court. O.41 R.31 defines the power of the appellate Court. It demonstrates that appellate court has all power to pass any decree and make any order which ought to have passed or made or to pass such further or other decree or order as the case may demand as to part only of the decree and may be exercised in favour of any of the respondent or parties. The power of the a