Page:United States Statutes at Large Volume 93.djvu/518

 93 STAT. 486

PUBLIC LAW 96-70—SEPT. 27, 1979 MEASURE OF DAMAGES GENERALLY

22 USC 3773.

SEC. 1413. In determining the amount of the award of damages for injuries to a vessel for which the Commission is determined to be liable, there may be included— (1) the actual or estimated cost of repairs; (2) charter hire actually lost by the owners, or charter hire actually paid, depending upon the terms of the charter party, for the time the vessel is undergoing repairs; (3) maintenance of the vessel and wages of the crew, if they are found to be actual additional expenses or losses incurred outside of the charter hire; and (4) other expenses which are definitely and accurately shown to have been incurred necessarily and by reason of the accident or injuries. Agent's fees, or commissions, or other incidental expenses of similar character, or any items which are indefinite, indeterminable, speculative, or conjectural may not be allowed. The Commission shall be furnished such vouchers, receipts, or other evidence as may be necessary in support of any item of a claim. If a vessel is not operated under charter but by the owner directly, evidence shall be secured if available as to the sum for which vessels of the same size and class can be chartered in the market. If the charter value cannot be determined, the value of the vessel to its owners in the business in which it was engaged at the time of the injuries shall be used as a basis for estimating the damages for the vessel's detention; and the books of the owners showing the vessel's earnings about the time of the accident or injuries shall be considered as evidence of probable earnings during the time of detention. If the books are unavailable, such other evidence shall be furnished as may be necessary. DELAYS FOR WHICH NO RESPONSIBILITY IS ASSUMED

22 USC 3774.

SEC. 1414. The Commission is not responsible, and may not consider any claim, for demurrage or delays caused by— (1) landslides or other natural causes; (2) necessary construction or maintenance work on Canal locks, terminals, or equipment; (3) obstruction arising from accidents; (4) time necessary for admeasurement; (5) congestion of traffic; (6) time necessary for investigation of marine accidents; or (7) except as specially set forth in this subchapter, any other cause. SETTLEMENT OF CLAIMS

22 USC 3775.

SEC. 1415. (a) Subject to subsection (b) of this section, the Commission, by mutual agreement, compromise, or otherwise, may adjust and determine the amounts of the respective awards of damages pursuant to this subchapter. Such amounts shall be payable promptly out of any moneys appropriated or allotted for the maintenance and operation of the Panama Canal. Acceptance by a claimant of the amount awarded to him shall be deemed to be in full settlement of such claim against the Government of the United States. (b) The Commission shall not adjust and pay any claim for damages for injuries arising by reason of the presence of the vessel in the Panama Canal or adjacent waters outside the locks where the amount of the claim exceeds $120,000 but shall submit the claim to

�