SINGH, J. : - This is an appeal under Section 110-D of the Motor Vehicles Act, 1939, against an award dated 30th April 1971 made by the Motor Accidents Claims Tribunal, Damoh, by which the claim of respondents 1 to 4 was allowed to the extent of Rs. 28,098/-.

2. On 17th July 1969 an unfortunate accident happened in which a passenger bus was swept away by the flood waters of the river Sunar as a result of which seven persons lost their lives. One Satyanarayan Rao, who was Block Extension Educator in Batiagarh, was among the seven persons who died in the accident. Respondents 1to 4, who laid the claim before the Tribunal, are respectively the widow, two minor sons and one minor daughter of the deceased Satyanarayan Rao. The passenger bus which was involved in the accident belonged to M/s. Chaurasia and Company, a partnership firm, which is the appellant in this appeal. The bus was going from Chhatarpur to Damoh. It was driven by John Victor, a driver employed by the appellant. While going from Damon to Chhatarpur Sunar river has to be crossed after Batiagarh. There is no regular bridge over the river; there is only a cause-way which gets submerged during floods. The bus reach