Anil Kumar Sharma J.

Both these appeals arise out of the same accident so with the consent of the parties they have been heard together and are being finally decided at the stage of admission by this judgment.

2. It appears that in the separate claim petitions filed before the Workmen's Compensation Commissioner the respondent no. 1 in both the appeals claimed themselves to be co-driver/khalasi and driver respectively on Tata truck no. DN 09G/9645 owned by respondent no. 2 on monthly salary was Rs. 4 500/- and 6 500/- respectively apart from diet.

3. It appears that in an accident dated 17.9.2009 the aforesaid vehicle collided with a tree by the side of the road and overturned whereby the respondents suffered grievous injuries during their employment and another workman Bajrangi suffered death. Respondent no.1 in each of the appeal claimed that due to the injuries sustained he has become permanently disabled and suffered 100% loss in their respective earning capacity. Their disability certificate mentioned that respondent Virendra Gaur had suffered 60% and Dinesh Kumar Yadav sustained 65% permanent disablement. Dr. A. K. Srivastava Orthopaedic Suregon of District Hospital Azamgarh was

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