K.P. Radhakrishna Menon, J.

1. The petitioners in O.P. 1003/80 in the court of the M.A.C.T. Ernakulam are the appellants. They are the wife and children of one Mohammed Shereef who died in a motor accident which look place on 5-11-1978.

2. The Tribunal after evaluating the evidence adduced by the parties found that the appellants were not able to establish negligence on the part of the third respondent, the driver, and consequently dismissed the petition by judgment dt. 14-6-1982.

3. The learned counsel for the appellant argues that the Tribunal was not justified in entering the finding that the evidence adduced by the appellants was not sufficient to establish negligence. The evidence available on record would positively show that the third respondent was negligent, the counsel submits. On going through the records including the judgment appealed against we are of the view that there is little scope to interfere with the said finding because the same cannot be said to be perverse.

4. The learned counsel for the appellants nonetheless advanced an alternative argument that in any event the appellants must be held to be entitled to get the benefit of S.92A of Chap.7A of the Motor