BHAWANI SINGH, J. ( 1 ) THIS appeal is directed against the judgment of Motor accidents Claims Tribunal, Raisen, arising out of Claim Case No. 25 of 1986 dated 19. 3. 1990. ( 2 ) THE accident took place on 24. 3. 1984 when bus No. CPH 8502 owned by the m. P. S. R. T. C. driven by Musharaf Khan, rashly and negligently turned turtle causing head injuries to Parveen Begum (28)resulting in death. The allegation is that the accident was result of rash and negligent driving of the bus by its driver otherwise it would not have taken place. Deceased was taken to the hospital but she died before she could reach the hospital. She left behind husband and three children of tender age. Compensation of Rs. 3,00,000 (rupees three lakh) has been claimed. Respondent M. P. S. R. T. C. has filed reply denying the allegation, therefore, requested for dismissal of claim petition. Other respondents have not filed the reply, proceeded ex pane. ( 3 ) THE Claims Tribunal held that the deceased died, as alleged, assessed the compensation of Rs. 46,500 (rupees forty-six thousand five hundred) but did not award on the ground that the driver was not negligent in driving the bus. ( 4 ) THE appellants have challenged the award of Claims Tribunal through this appeal. Mr. Ashok Lalwani, counsel for them, submits that the Claims Tribunal has drawn superficial conclusion on the basis of assumption despite evidence on record pointing out that the bus was being driven rashly and negligently. The most important witness in the case could be the driver of the bus who has neither filed the reply to the claim petition, nor appeared, nor produced as witness by M. P. S. R. T. C. to show that the bus was not being driven rashly and negligently. We find force in this contention. It has come in the evidence that the bus was not in good condition, therefore, it should not have been allowed to ply on the road. It was being driven rashly and negligently that is why it went into the ditch and turned turtle. The conductor has stated that the accident took place because driver was trying to save a buffalo which means the speed of the bus was fantastic, as such he could not stop it even if when buffalo was coming in front of it. The conductor has stated that the accident took place because driver was trying to save a buffalo which means the speed of the bus was fantastic, as such he could not stop it even if when buffalo was coming in front of it. The buffalo's speed is very very slow. Any driver can notice it from a distance and stop the vehicle. Here, he could not do so, obviously, because he was driving the bus at a high speed, therefore, rash and negligent driving on the part of driver is clearly established. Driver has not appeared as witness to defend himself, M. P. S. R. T. C. and explained the circumstances how the accident took place, therefore, it has to be taken that he has no defence to make against the allegation that the accident was the result of rash and negligent driving on his part. ( 5 ) HAVING come to the conclusion aforesaid, question of determination and compensation arises in this case. The deceased was 28 years old at the time of accident. She left behind 3 children, namely, Shama begam (6), Mohmed Aafaz (3), Altamisha (10 months), apart from the husband. She was a housewife. She was looking after the husband and three children. In her absence, it would be difficult for the husband to look after the small children therefore, either he will have to go without work or engage someone to look after the children and do other domestic work for number of years. Therefore, interest of justice would be met by award of Rs. 1,50,000 (rupees one lakh fifty thousand), compensation for the death of deceased plus Rs. 5,000 (rupees five thousand) loss of expectancy of life, Rs. 5,000 (rupees five thousand)towards loss of consortium to the husband, rs. 3,000 (rupees three thousand) towards cremation and religious ceremonies and rs. 5,000 (rupees five thousand) loss to estate, taking total amount of Rs. 1,68,000 (rupees one lakh sixty-eight thousand ). ( 6 ) THEREFORE, the appeal is allowed. Award is set aside. Claimants are awarded compensation of Rs. 1,68,000 (rupees one lakh sixty-eight thousand) with interest at the rate of 9 per cent per annum from the date of application till payment. The amount is distributed as under: (1) Mohmed Iqbal, 50 per cent (2) Shama Begum, Mohmed Aafaz,altamisha, 50 per cent in equal share. Compensation be paid within 3 months. Appeal allowed. .