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 Pol