HARSHA DEVANI, J.

1. Both these appeals under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") are directed against the common judgment and award dated 15th July, 2000 passed by the Motor Accident Claims Tribunal (Main), Banaskantha District at Palanpur (hereinafter referred to as "the Tribunal") in Motor Accident Claim Petition No. 338/1992, hence the same were taken up for hearing together and are decided by this common judgment. The appellant in First Appeal No. 2691 of 2000 is the owner of the offending tractor and the appellant in First Appeal No. 2159 of 2001 is the original claimant. The appellant in First Appeal No. 2159/2001 (hereinafter for the sake of convenience referred to as "the claimant") filed a claim petition before the Tribunal stating that she had made a 'Khala' (threshing area) in her field for threshing wheat and bundles of un-threshed wheat were spread out in the Khala on 19th April, 1992 and the driver of tractor bearing M.V. No. GJ-9/8396 was running the tractor on the said bundles of un-threshed wheat at whi