The respondent’s lorry M. D. N. 3797 was covered by a comprehensive insurance policy issued by the appellant, the period of cover being from 23rd October, 1958 to 22nd October, 1959. On 5th February, 1959, while the lorry was parked on a road in Appukodu in Nilgiris, it tumbled down the valley up to a distance of 50 yards from the parking place and was thereby badly damaged. This was on account of the fact that there was a sudden sinking of the loose soil. at the place near the right rear wheel of the lorry and the road was on a gradient. Though the downward movement of the lorry was prevented by placing wooden logs, the accident took place due to the sinking of the loose soil. The respondent made a claim which the appellant repudiated with the result the former had the lorry repaired elsewhere at a cost of Rs. 5,466-45. The appellant’s repudiation was on the ground that the accident was not due to external means and that in any case it was covered by one of the exceptions contained in the terms and conditions of the insurance policy. The respondent’s claim was decreed by the Seventh Assistant Judge.

There is no dispute about the facts as we narrated. The only questio