B-120691 July 28, 1954

B-120691: Jul 28, 1954

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Representing damages resulting from personal injuries alleged to have been received in and accident which occurred on January 6. Indicates that the act was intended to cover only those types of claims. Which regularly are considered and passed on by this Office and since claims arising in other agencies. Are not settled. It consistently has been held that claims for damages resulting from personal injuries caused by negligence on the part of officers and employees of the United States are not within the class of claims comprehended by the act of April 10. Is authorized to appoint Claims Commissions to consider claims. The Secretary of the Air Force is also thereby. It may be that you will with to present the claim to the Secretary of the Air Force.

B-120691 July 28, 1954

Mr. Mirwan R. Affifi c/o American Legation Tripoli, Libya

Dear Mr. Affifi:

By letter of July 12, 1954, the Department of State forwarded to this Office your letter of June 7 requesting that your claim for $6,500, representing damages resulting from personal injuries alleged to have been received in and accident which occurred on January 6, 1946, near Benghasi, Libya, and involved a United States Air Force military vehicle, be reported to the Congress under the act of April 10, 1928, 45 Stat. 413, 31 U.S.C. 236.

The legislative history of the act of April 10, 1928, indicates that the act was intended to cover only those types of claims, which regularly are considered and passed on by this Office and since claims arising in other agencies, sounding in tort, are not settled, it consistently has been held that claims for damages resulting from personal injuries caused by negligence on the part of officers and employees of the United States are not within the class of claims comprehended by the act of April 10, 1928. See 13 Comp. Gen. 406 and 16 id. 642. Accordingly, this Office may not comply with your request that your claim be considered under that act.

However, under the act of January 2, 1942, 55 Stat. 880, as amended, 31 U.S.C. 224d the Secretary of the Air Force, is authorized to appoint Claims Commissions to consider claims, presented within one year, on account of personal injuries to inhabitants of foreign countries caused by military and civilian personnel of the Air Force where the amount involved does not exceed $5000. The Secretary of the Air Force is also thereby, authorized, if he deems much personal damage claims in excess of $5000 to be meritorious, to certify such amount as may be just and reasonable thereon to the Congress for appropriation. It may be that you will with to present the claim to the Secretary of the Air Force, either directly or through the Department of State, for consideration under that act.

Very Truly Yours,

FRANK B. WEITZEL Acting Comptroller General of the United States