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I have a car been repaired by a panel beater at the moment , the problem is that they cant match the broken tail light to those that are on there , but the insurance company are saying they will only pay for one and if i want them matching i have to pay for the other myself? Is it legal for them to put mismatched/different output tail lights on my car? I beleive it would not be warrantable like that. I beleive they should put it right to the standard it was before the accident ie warrantable

You don't say what type of car it is, but I'm assuming it's something unusual if they can't source the same light. Either that, or the car has been fitted with non-standard after-market lights that the insurance company wasn't advised of.
As long as the light operates properly, I can't see why it wouldn't be legal or get a WOF. However, from an aesthetic point of view, I wouldn't want my car looking different from one side to the other. If your car is stock standard, I would want the same light as it had before the accident and that's what I'd be insisting on.
If they're non-standard lamps, then perhaps the insurance company has a valid argument.