Need Advice regarding oath certificate and evidence
Respected lawyers, Greetings !
I am very much puzzled due to MACT case filed by me and therefore I want your kind advice. My sincere apologies to lawyers as the problem surfaced due wrong advice of my lawyer which I came to know at later stage:
I met with a severe accident in May 2015 while I was riding a byke and a car hit me. After hitting, driver run away but car number was noted by PCR. After that FIR was logged against this car. Driver was arrested and a criminal trial is being run in court.
Since May 2015, till Dec 2015, I was under treatment and had gone through surgery. As I was working in a MNC company, for livelihood, I requested and my company allowed me working from home. Since June 2015 till Jan 2016, I worked from home and my salary got credited in my account every month.
In 2016, I met with a lawyer and I told him the whole story WITHOUT HIDING any single bit of information. Later, a permanent disability certificate (5% disability) got issued by govt hospital doctor.
Before filing MACT case, I agreed to pay my lawyer a 20% of the settled amount as his fee. He started preparing papers based. He advised me to claim the salary amount of 8 months (i.e. from June 2015 till Jan 2016) as well by showing to court that its a loss as I was unable to join office. I countered him that since I got my salary by working from home and at later stage, I wont be able to prove that I din't get salary of the duration June 15- Jan 16. Also, I asked him that what will happen if I am unable to prove that I dint get my salary of this period.
He replied that in 15 years of his experience he has seen that if someone is unable to prove his salary part, judge will either ignore that component from claimed amount or he will award Minimum wages given to labors on per month basis. He assured tha wont be a problem. He suggested that when judge will ask, you can reply to judge that I can't call my office representative as my job would be at risk or so.
Trusting him, in oath commissioner affidavit (submitted in 2017), I stated that my salary loss was Rs (Actual Salary x 8 months June to Jan 2016). Please note that THIS WAS THE ONLY THING IN AFFIDAVIT WHICH WAS INCORRECT.
Later, judge asked me to call company person as witness and my reply was same as above. From my part, I didn't produce any evidence to prove my salary loss. But in recent hearings, judges sent notice to my office to appear and accountant of my office submitted all salary related documents and recorded his statement.
This is now the problem for me as it is contradicting my oath affidavit statement related to salary loss of 8 months which I claimed. I came to know about the consequences of this offence (false oath) recently which I was not aware of. There is final argument in 5 days where I will be questioned.
1. What I should do now
2. What should be my reply to judge
3. What could be consequences
4. Is it better to negotiate at this stage
Asked 1 year ago in Civil Law from Delhi, Delhi