The repeal of an amending act does not affect the provisions incorporated into the parent act by the amending act, as those provisions continue to exist in the parent act.

( 1 ) HEARD the learned advocates appearing for the parties.

( 2 ) THIS miscellaneous appeal has been preferred by the claimants assailing the judgment and order dated 11. 7. 2003 passed by the learned Judge, Motor Accidents claims Tribunal at the City Civil Court at calcutta in M. A. C. Case No. 164 of 2000 whereby and whereunder the application under section 163-A of the Motor Vehicles act, 1988 as was filed by the claimants claiming compensation due to the death of bablu Das was dismissed on the ground that the provision of section 163-A of the motor Vehicles Act, 1988 which was inserted by the Motor Vehicles (Amendment)Act, 1994 (hereinafter referred for brevity as 'the Act 54 of 1994') was repealed by the Repealing and Amending Act, 2001 being Act 30 of 2001 and as such on the date of adjudication there was no provision like section 163-A in the parent Act, that is, motor Vehicles Act, 1988. However, from the judgment under appeal it appears that learned Tribunal below held that there was an accident, the offending vehicle was responsible for such and death of Bablu Das caused due to such accident and also further finding that the claimants are legally entitled as legal heirs to file the claim application. The learned Tribunal below did not quantify the compensation amount because as per its views the case was otherwise not maintainable because the provision of section 163-A stood repealed by Act 30 of 2001 as aforesaid. The learned advocate for the appellants before this court has argued not only on the issue of the erroneous finding of the learned Tribunal below that section 163-A of the Motor Vehicles Act, 1988 stood repealed by the said Repealing and amending Act but also on the point of quantification of the compensation amount by placing the material evidence on record that is the oral evidence of the PW 1, the widow of the victim.

( 3 ) LEARNED advocate for the respondent insurance company very frankly has submitted that the learned Tribunal below was wrong in its finding that section 163-A of the said Act stood repealed. But, however, on the question of quantum, the learned advocate for the respondent insurance company simply has opposed with reference to the prayer of imposition of interest on the compensation amount if it is quantified by this appeal court.

( 4 ) SINCE it is an old case of 2000 when the accident happened as well as the claim application was filed thereafter, we are of the view that not only the legal question about the existence of section 163-A of the said Act but also the question for quantification of the compensation should be addressed by this court for a final remedy in the matter.

( 5 ) THE issue as to whether the finding of the learned Tribunal below that in view of the Repealing and Amending Act 30 of 2001, the said Act 54 of 1994 since was repealed, there was no existence of section 163-A of the Motor Vehicles Act, 1988 as the said provision was inserted by the Act 54 of 1994 stood repealed now is required to be dealt with.

( 6 ) THE said issue before this court is not at all res integra. This issue involves herein centres round in the field of statutory interpretation about the purpose and effect of any repealing Act. The purpose of repealing act is to crush down the dead matter from the statute book so that unnecessary statutory amendments are not kept in the statute book. It is a legislative device that when a statute is required to be amended, by amending act such amendment is incorporated in the parent Act. The purpose of amending act is nothing but to replant the amended statutory provision and/or substitution and/ or incorporation of new provision in the parent Act. Once such purpose is over and its replantation is complete, practically the amendment Act has no value as the provision which is sought to be amended or sought to be incorporated in parent Act was already over. It is a legislative mechanism to amend, modify and change the parent act. After