IMPORTANT POINT
Doctrine of notional extension applies in such cases.

JUDGMENT

C. NAGAPPAN, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 16.3.2009 passed by the Guwahati High Court, Agartala Bench, in MFC (W.C.) 03 of 2009 dismissing the appeal of the appellants herein against the order dated 12.12.2008 of the Commissioner for Workmen's Compensation West Tripura, Agartala, whereby the appellants were denied compensation for the demise of employee Sajal Sarkar.

3. The facts in brief are stated as follows: Respondents 1 and 2 are the joint owners of the truck vehicle bearing Registration No.TR 01-B-1689 and they had taken policy of insurance for the said truck with respondent No.3. Sajal Sarkar, the husband of the appellant No.1 was driver of the said truck vehicle under the employment of respondents Nos.1 and 2 on 14.5.2005 and he drove the truck and reached Dharmanagar from Agartala and at that time he noticed some mechanical trouble in the truck and he got down to make arrangement for repair of the vehicle but on the intervening night of 14/15-5-2005 at about 1.00 - 1.30 a.m. he met with a road accident and sustained grievous injuries in Assam Agartala road in between S.T. Para and Kherengjuri under Churaibari Police Station limit and he was taken to Dharmanagar hospital where he succumbed to the injuries in the early hours on 15.5.2005.

The helper of the truck Bikram Deb who was waiting in the truck, went in search of Sajal Sarkar in the morning on 15.5.2005 and after coming to know of the accident, he went to hospital and confirmed the death of driver Sajal Sarkar and thereafter went to Churaibari Police Station and gave a complaint on which a case under FIR No.28/05 for the alleged offences under Section 279 and 304 (A) IPC was registered.

The appellant No.1 the widow along with appellant No.2, her minor daughter and appellant No.3, the mother-in-law, filed a suit under the Workmen's Compensation Act, 1923 in T.S. W.C. 39 of 2005 before the Commissioner, Workmen's Compensation, West Tripura at Agartala contending that Sajal Sarkar met with a road accident in the course of his employment under respondent Nos.1 and 2 resulting in his death and the respondents were liable to pay compensation of Rs. 7 lakhs along with interest as per the provisions of the Act. The Commissioner dismissed the suit on contest. The appellants challenged the same by filing appeal in MFA(WC) 03 of 2009 and the High Court dismissed the appeal. Aggrieved by the same the appellants have preferred the present appeal.

4. The learned counsel for the appellants contended that Sajal Sarkar met with a road accident resulting in his death during the course of his employment as truck driver under respondent Nos.1 and 2 and the Courts below have failed to note the principle of notional extension at both the entry and exit by time and space and apply the same to the present case and the appellants are entitled to compensation.

5. Per contra the learned counsel for the respondents contended that Sajal Sarkar parked the truck in the godown complex of FCI Churaibari and considering the delay of loading goods, he left the truck and went away towards an unknown destination in connection with his personal affairs, saying to helper Bikram Deb that he would return by night, and the appellants have not proved that there was mechanical trouble in the truck on the way to Churaibari FCI godown as pleaded by them and Sajal Sarkar did not suffer the injuries in the course of his employment and, therefore, the appellants are not entitled to receive any compensation under the Act, as rightly held by the Courts below.

6. We have carefully considered the rival contentions and perused the records. The case of the appellants is that on 14.5.2005 Sajal Sarkar was driving the truck vehicle under the employment of respondents 1 and 2 from Agartala to Churaibari FCI godown and when he reached Dharmanagar he got down to make arrangement for repairing the mechanical trouble in the truck and in the same night he met with a roa