FAO No. 1833 of 1996 [1] IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 1833 of 1996 (O&M) Date of decision: 31.5.2011 New India Assurance Co. Ltd. ...Appellant Versus Smt. Saroj Devi and others ..Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Shailendra Sharma, Advocate for the appellant. .. Rajesh Bindal, J. Challenge in the present appeal filed by the Insurance Company is to the order dated 16.2.1996, passed by the Commissioner under the Employees' Compensation Act, 1923 (for short, `the Act') awarding ` 1,84,170/- as compensation on account of the death of the workman during the course of employment. The only contention raised by learned counsel for the appellant is that the accident in the present case had taken place on 20.1.1995. The claim application was filed on 9.3.1995. Provisions of Section 4(1)(a) of the Act were amended w.e.f. 15.9.1995, which provided that for calculating the amount of compensation payable to the dependents, 50% of the wages were to be taken as against 40% provided in the un-amended Act. If the amount is calculated in terms of the un-amended provisions, which should have been applied, as the accident in the present case had taken place prior to the amendment in the Act, the amount of compensation would come out to ` 1,62,069.60 as against ` 1,84,170/- awarded by the Commissioner. Considering the fact that the accident in the present case had taken place more than 15 years back; the claimants are the widow and two sons of the deceased and there is small difference in the compensation if calculated in terms of the un-amended provisions of the Act, without going FAO No. 1833 of 1996 [2] into the merits of controversy this court would not like to interfere with the impugned order at this stage. Accordingly, the appeal is dismissed. (Rajesh Bindal) Judge 31.5.2011 mk