What is the basis of obligation due to gathering of the overseer and cause in occurrence of damage? In other words, in case of the overseer and cause gathering which one of them is responsible in damage occurrence? The main purpose of this study is to provide an answer to the above question. According to the investigation conducted in this study which was done according to library type method and with the use of lawyers and jurisprudents’ views, it becomes clear that most jurisprudents accept it was a general principle that the overseer and cause gathering, if the cause is not stronger, the overseer is responsible; however, with respect to the fact that the basis of responsibility in wastage and damage is by traditional virtue of wastage to the individual’s dead, so in case of the overseer and cause gathering in occurrence of damage also the real basis of responsibility is on the traditional strength of wastage, and accordingly, in case the wastage is traditionally referred to overseer, the overseer is the sole responsible. In case the wastage is referred to the cause, the cause will be responsible and where the wastage is referred to both, then both of them will be responsible.