239. Compensation for death or disablement.

If, as the result of an injury caused by the happening of subsidence damage1, any person dies or is disabled (whether permanently or temporarily), and no other action2 to recover damages is maintainable in respect of the death or disablement, the responsible person3 is liable to pay damages4. The responsible person is liable, in the case of a death, to pay the like damages, recoverable in the like manner and within the like time5, as would have been payable if:

  1.  

    (1)     the death had been attributable to the negligence of the responsible person6; and

  2.  

    (2)     the persons by or