Judgment

Rajendra Babu, J.-The appellant borrowed money after making certain initial payments for the purchase of a car from the first respondent-Bank. He also obtained in respect of the car a policy of insurance from the Oriental Insurance Company covering the period from January 21, 1989 to January 20, 1990 and the policy was endorsed to indicate that the subject of hire purchase would be payable by the Bank. The appel­lant issued 36 cheques in favour of the Bank, each of them for a sum of Rs. 2,316/- towards monthly instalments, to pay off the entire loan. He also issued two cheques in favour of the Oriental Insurance Company Limited towards insurance premium for two years beyond January 20, 1990. The appellant claimed that in view of the assurance given by the Bank that they would take policies for subsequent two years beyond January 21, 1990, the two cheques had been issued by him and the policy was to be automatically renewed in the name of the appellant with hire purchase endorsement in favour of the Bank. The appellant took delivery of the car on March 8, 1989. On August 15, 1990 when the appellant was driving the car along with five inmates met with an accident on the Delhi