FA/374320/2006 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3743 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== NATIONAL INSURANCE CO. LTD. Versus INABEN JASHVANTBHAI PRAJAPATI & OTHERS ====================================== Appearance : MR MEHUL SHARAD SHAH for the Appellant RULE SERVED for respondents Nos.1 to 8 ====================================== CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 11/08/2008 FA/374320/2006 2/2 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) Heard learned counsel for the parties. In a cognate matter where this Court took up issue of proportionate negligence it has not been found appropriate to disturb the 50% of the negligence of either of the insured with the insurance company. In this appeal, the only question which is sought to be raised is of the proportionate negligence. No interference is called for. The appeal has no force. Hence, dismissed. (Bhagwati Prasad, J.) (S.R.Brahmbhatt, J.) *mohd