JUDGMENT :

N.J. JAMADAR, J.

1. This appeal is directed against the judgment and award dated 14th April, 2007 in Application (WCA) No. 17/B-8/2004, passed by the Commissioner for Workmen’s Compensation and Judge, 8th Labour Court at Mumbai, whereby the application preferred by the appellants-applicants for compensation on account of death, of late Vishakha Singh Suman Singh (the deceased), on account of accident arising out of and in the course of his employment, while driving motor vehicle (truck) bearing No. MH-04-F-8979, owned by opponent no. 1 employer and insured with opponent no. 2-insurer, on 3rd November, 2003, came to be dismissed.

2. The background facts leading to this appeal can be stated in brief as under:

(a) Late Vishakha Singh, the husband of applicant no. 1-Smt. Harvinder Kaur, father of applicant no. 2-Master Charanjit Singh and applicant no. 3-Kum Luv Prit Kaur and son of applicant no. 4-Mr. Suman Singh and applicant no. 5-Smt. Mahindra Kaur, was employed with opposite party no. 1-Mr. Tarvinder Singh, as a driver on the truck No. MH-04-F-8979. The said vehicle was