SMT CLIMBING UNAUTH THROUGH TCA HAD NMAC WITH ACR-MLG.

Narrative

WHILE FLYING A LEFT DOWNWIND LEG FOR RWY 5R AT CLE AT AN ALT OF 7000'; AN ACFT CLBING THROUGH THE TCA MISSED MY ACFT MLG BY 100' VERT AND HORIZ OFF ITS RIGHT SIDE. AT THIS POINT IN TIME I WAS FLYING ON A 255 DEG HDG WHILE BEING VECTORED BY APCH CTL. MY F/O SAW THE OTHER ACFT AND TOOK CTL OF MY ACFT AND TOOK EVASIVE ACTION TO AVOID A MIDAIR. IT IS MY F/O'S OPINION IF HE HAD NOT DONE THE ABOVE; THE OTHER ACFT WOULD HAVE IMPACTED OUR ACFT IN THE RIGHT MIDSECTION OF THE FUSELAGE JUST BEHIND THE RIGHT WING'S TRAIL EDGE. BECAUSE WE WERE FORCED TO TAKE THIS TYPE OF ACTION; 1 F/A IN MY CREW SUSTAINED INJURIES TO HER BACK AND LEGS. A BRIEF DESCRIPTION OF OUR EVASIVE MANEUVER WAS A HARD TURNING CLB TO THE LEFT. THE REASONS FOR THIS INCIDENT WERE: A LIGHT TWIN WAS CLBING THROUGH THE CLE TCA W/O A WORKING TRANSPONDER AND WAS NOT TALKING TO EITHER DEP NOR APCH CLT; THE SKY CONDITIONS AT THIS TIME WERE CLEAR SKIES WITH HAZE LAYER AND 6-7 MI VIS--YET THE ANGLE OF THE SUN BLOCKED OUT THE OTHER ACFT UNTIL IT WAS ALMOST TOO LATE FOR US TO TAKE EVASIVE ACTION; AND THE OTHER ACFT WAS NEVER SEEN BY ME (THE CAPT) DUE TO THE FACT AS TO HOW THE WINDSHIELD IS BUILT--THE SUPPORT BRACE CREATES A BLIND SPOT WHICH PREVENTS A PLT FROM SEEING ANOTHER ACFT FLYING AT HIM FROM THE OTHER SIDE OF THE COCKPIT.