( 1 ) BOTH these appeals are referred to the larger Bench by the Division bench to determine the question:"whether insurance company can be held liable in the case of death or bodily injuries caused in a motor accident involving a tractor which was insured only for agricultural purpose and the sitting capacity was also shown to be one only but used for different purpose at the time of the accident?"

( 2 ) OPPOSITE view has been taken by two division Benches which resulted into the reference before this Bench. In the case of babu Ram v. Om Prakash, 2000 ACJ 393 (MP), it is held that in such circumstances, insurance company cannot be held liable to pay the compensation jointly and severally with the insured. Similar view was taken by this court in the case of Sukhnandan Ram Sahu v. Oriental Insurance co. Ltd. , 1999 ACJ 750 (MP) and in the case of Ramji Lal v. Omkar Lal, 2004 ACJ 238 (MP ). However, contrary view has been taken by another Division Bench of this court in the case of Pushpa Devi v. Kamal Singh, 2003 ACJ 383 (MP ). In this case, it is held that even if the tractor is used for the purpose other than agricultural or forestry, insurance company is liable to pa