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United India Insurance v. Aleyamma K. Eliyas, ICL 2021 (8) Ker. 928

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Motor Vehicles Act, 1988 – If the insured vehicle is used for purposes prohibited as per the terms of the contract of insurance, the insurer could very well deny contractual obligation to indemnify the insured. However, in order to succeed such a contention, the said contention must be proved by support of cogent and convincing evidence. Mere allegations in the Police charge, which was found against during trial, would not suffice the proof mandated in this regard.