Jha, J. -- 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 Baburam v. Om Prakash and others [2000 ACJ 393], it is held that in such circumstances, insurance company cannot be held liable to pay the compensation jointly and severally with the insurer. Similar view was taken by this Court in the case of Sukhanandan v. Oriental Insurance Co. and others [1999(1) TAC 24] and in the case of Ramji Lal and others v. Omkar Lal and others, M.A. No. 86/92 decided on 7.1.2003. However, contrary view has been taken by another Division Bench of this Court in the case of Pushpa Devi v. Kamal Singh [2002(2) TAC 374]. In this case, it is held that even if the tractor is used for the purpose other than agricultural or forestry, i