The Orissa High Court has held that the 'next friend', as provided under Order XXXII of the  Code of Civil Procedures(CPC), need not necessarily be a 'duly appointed guardian' as defined under Section 4 (4A) of the Hindu Minority and Guardianship Act, 1956 (the 1956 Act).

Elucidating the position of law as to eligibility for appointment as 'next friend', the Single Bench of Justice Sanjay Kumar Mishra held –

“'Next friend' acts for the benefit of the “minor” or other person who is unable to look after his or her own interest or manage his or her own law suit, without being a regularly appointed guardian as per the Guardianship Act.”

Case Background

The parents of the petitioner met with a road accident in the year 2016. As a result of such accident, the father of the petitioner was declared as permanently disabled and treated as post hospitalized bedridden patient.

He had filed a motor accident claims case, pursuant to which the 3^rd M.A.C.T-cum-A.D.J., Jagatsinghpur on 06.04.2022 awarded a sum of Rs.3,60,400/- along with interest @ 7% per annum from the date of filing of claim application till the date of payment to be made by the National Insurance Company Limited.

Before passing of the aforesaid award, the father of the petitioner died on 14.12.2021. However, the fact as to his death was not conveyed to the tribunal, which went on to pass the award in his favour. Subsequently, the mother of the petitioner also died in July 2022. After her death, only the petitioner and her minor niece (daughter of her pre-deceased elder sister) remained as legal heir of the deceased-claimant.