JUDGMENT :

MANOJ MISRA, J.

1. This appeal is directed against the judgment and order of the High Court of Gujarat at Ahmedabad (in short “the High Court”) dated 24.02.2016, passed in First Appeal No. 112 of 2016, by which the appeal of the appellant under Section 30 of the Employees Compensation Act, 1923 (formerly known as the Workmen’s Compensation Act, 1923 hereinafter referred to as the 1923 Act) against the order of the Workmen Compensation Commissioner (in short “the Commissioner”) in W.C. Case No. 05 of 2010, has been dismissed.

FACTS

2. The husband of the first respondent was appointed as a Constable in the Railway Protection Special Force, a unit of the Railway Protection Force (in short “the RPF”) on 27.12.2006. He died on 23.04.2008 in an accident in the course of his employment. On his death, the first respondent along with other heirs of the deceased filed a claim petition under the 1923 Act for compensation by claiming, inter-alia, that on the date of his death, the deceased was aged 25 years and getting monthly wages of Rs. 8,000/-. The claim was resisted by the appellants, inter-alia, on the ground that the deceased was part of the Armed Forces of the Union and, there