VidhiSangh

Supreme Court of India · 26/09/2023

COMMANDING OFFICER, RAILWAY PROTECTION SPECIAL FORCE, MUMBAI versus BHAVNABEN DINSHBHAI BHABHOR & OTHERS

[2023] 12 S.C.R. 660 · 2023 INSC 859

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Summary

The Supreme Court upheld the maintainability of a compensation claim by the heirs of an RPF constable who died in an employment accident. Declaring the RPF an armed force of the Union did not exclude its members from the Workmen’s Compensation Act, read with their statutory status as railway servants. An alternative railway compensation remedy did not bar the claim, subject to the prohibition on double recovery for the same accident. The employer’s appeal was dismissed.

Issues

  1. Whether an RPF constable was excluded from workman status by the armed-forces exception.
  2. Whether the alternative railway accident remedy barred compensation under the 1923 Act.

Provisions considered

Held

Result

Appeal dismissed. Compensation claim held maintainable; interim order, if any, discharged. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 660.