IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 WP(C).No. 331 of 2011(N) ------------------------ PETITIONER(S): --------------- T.NANDANAN, S/O.KUNHIRAMAN, 'THADATHIL HOUSE', KUNHIMANGALAM AMSOM, P.O.KANDAMKULANGARA, KANNUR. BY ADV. SMT.K.K.CHANDRALEKHA SRI.GOPAKUMAR G. (ALUVA) RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR. PIN-670 001. 2. THE SPECIAL DEPUTY THAHASILDAR (REVENUE RECOVERY), KANNUR TALUK, KANNUR DISTRICT. PIN-670 001. 3. THE VILLAGE OFFICER, KUNHIMANGALAM VILLAGE, KANNUR DISTRICT. PIN-670 001. 4. BHASKARAN, S/O.GOVINDAN, 'KOOLAPPANDAVIDA HOUSE', NEDUMBRAM, THALASSERY, KANNUR DISTRICT. PIN-670 101. 5. KAKIRIKKEN NARAYANI, W/O.KANNAN, RESIDING AT ARAYAMBETH, CHIRAKKAL AMSOM DESOM, P.O.CHIRAKKAL, KANNUR. PIN-670 011. 6. KUTTICHI SEETHA, W/O.LATE SUDHAKARAN, RESIDING AT ARAYAMBETH, CHIRAKKAL AMSOM DESOM, P.O.CHIRAKKAL, KANNUR. PIN-670 011. 7. KUTTICHI SUKESH, AGED 11 YEARS (MINOR), RESIDING AT ARAYAMBETH, CHIRAKKAL AMSOM DESOM, P.O.CHIRAKKAL, KANNUR. PIN-670 011. 8. KUTTICHI SAPNA, AGED 9 YEARS (MINOR), RESIDING AT ARAYAMBETH, CHIRAKKAL AMSOM DESOM, P.O.CHIRAKKAL, KANNUR. PIN-670 011. 9. KUTTICHI SRUTHI, AGED 3 YEARS (MINOR), RESIDING AT ARAYAMBETH, CHIRAKKAL AMSOM DESOM, P.O.CHIRAKKAL, KANNUR. PIN-670 011. 10. KUTTICHI SRUTHEESH, AGED 3 YEARS (MINOR) RESIDING AT ARAYAMBETH, CHIRAKKAL AMSOM DESOM, P.O.CHIRAKKAL, KANNUR. PIN-670 011. ADV.MATHEW GEORGE VADAKKAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.331 of 2011 ================== Dated this the 18th day of January, 2011 J U D G M E N T The petitioner is the driver of a vehicle, which was involved in an accident, which gave raise to a claim before the Motor Accidents Claims Tribunal, Thalassery, by the injured in the accident. The MACT awarded a total amount of ` 1,03,500/-, out of which, ` 50,832/- was directed to be paid by the insurer and the rest by the driver and the owner. The owner is the 4th respondent herein. In appeal, the award amount was enhanced to ` 1,16,000/- and the liability of the insurer was fixed as ` 67,766/- upholding the contention of the insurer that the liability is limited to what is covered by the Workmen's Compensation Act. The balance amount is now sought to be recovered from the petitioner and the 4th respondent jointly and severally. Exts.P1 and P2 are the revenue recovery notices issued to both. The petitioner is challenging recovery proceedings on the ground that the amounts should be recovered from the owner and not from the petitioner, who is only the driver. I do not think that the petitioner's contention can be countenanced. The owner is only vicariously liable. The primary liability is on the driver. It is because of his negligence that the accident occurred. The owner is only vicariously liable. Therefore, both are jointly and severally liable for the amount. w.p.c.331/11 2 Revenue recovery proceedings are initiated against both also. That being so, there is no merit in the writ petition. Accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge